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Previously on "Employment Regs Opt-In/Opt-Out"

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  • Guest's Avatar
    Guest replied
    No they cant force you to opt out as you have already been introduced to your new client. In fact you should cross all wording out that refers back to opting out.

    Better still send the contract back and get them to write a new one, taking in to consideration your opted in status and watch them squirm! :rollin

    They could get you to opt out BEFORE they had sent your CV down, and thus introduced you to your prospective client. My experience is that agents skip this because they are in such a rush to get your cv down before everyone else sends in their candidates.

    Regards

    Mailman

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Ferdinand,

    I asked a similar question a couple of weeks back.

    Take a look...

    Cheers,

    Kev

    Leave a comment:


  • Guest's Avatar
    Guest started a topic Employment Regs Opt-In/Opt-Out

    Employment Regs Opt-In/Opt-Out

    Here we go again

    I'm back in contracting after a few years.

    I'm due to start a contract during the next week, and the paperwork just arrived today. The "Assignment Schedule" and contains the magic words:

    "Consultant Status: Opt-out from regulations; Service Provider Status: Opt-out from regulations".

    The consultant is me. The service provider is the umbrella company I am using.

    The "model contract" I obtained from the agency (who are an "employment business" ) when I talked to them says nothing specific about opt-ins and opt-outs, but is drafted to allow for both options. I did the interview this week.

    Now, the question:

    My understanding is that:

    a) I want to be opted in.
    b) I can only opt out (or be opted out ) from the Regs if a conversation was held between me and the agency and documented before I was introduced to the client. No such conversation was held.

    Therefore my conclusion is that at this stage I could not opt-out even if I wanted to.

    Comments would be most welcome.

    Ferdy
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